The Commission for Health Improvement (Functions) (Wales) Regulations 2000

Rights of entry

16.—(1) Subject to the following paragraphs of this regulation, persons authorised in writing by the Commission may at any reasonable time enter and inspect National Health Service premises(1) for the purposes of conducting local reviews, national service reviews or investigations.

(2) Each person authorised by the Commission under paragraph (1) shall be furnished with written evidence of that person’s authority and on applying for entry to National Health Service premises for the purposes specified in paragraph (1) shall, if so requested by the occupier of the premises or a person acting on behalf of the occupier, produce that evidence.

(3) A person authorised by the Commission under paragraph (1) shall not demand admission to National Health Service premises as of right unless the National Health Service body which owns or controls the premises has been given reasonable notice of the intended entry.

(4) No person authorised by the Commission under paragraph (1) may enter any premises or part of premises used as residential accommodation for persons employed by any National Health Service body, without first having obtained the consent of the officers residing in such accommodation.

(5) Subject to regulation 19, a person authorised by the Commission under paragraph (1) entering National Health Service premises under this regulation may inspect and take copies of any documents which—

(a) appear to the person authorised to be necessary for the purposes of the review or investigation in question; and

(b) are held on the premises by—

(i) the National Health Service body which owns or controls the premises;

(ii) a chairman, member, director or employee of that body;

(iii) any other person acting on behalf of that body; or

(iv) a member of a committee or sub-committee of that body.

(1)

See section 23(6) of the 1999 Act for the definition of “National Health Service premises”.